In Re Gulf Exploration, LLC

In In re Palacios, we held that mandamus relief was generally unavailable for orders compelling arbitration. 1 But we stopped short of saying it was never available, and noted the Fifth Circuit's suggestion (which was not actually applied) in Apache Bohai Corp. v. Texaco China that mandamus review might be available if an applicant could show "clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitration." 2

As with any "narrow" provision for appellate review, numerous disappointed litigants have claimed the Apache Bohai "exception"…